Drunk Drivers and Personal Injury Claims
Generally under Washington personal injury law there is no per se (i.e. “automatic”) negligence.[1] Personal injury as a result of driving under the influence is an exception.[2]
Continue readingLiability of Minors for Personal Injury Claims
Many assume that parents are “automatically” liable for damages caused by their children. Washington personal injury law is not so simple.
Continue readingTraffic Citations and Fault
Many assume that a driver involved in an automobile accident who is cited by police is automatically liable. Under Washington tort law this is not true.
Continue readingSubrogation and the Made Whole Rule
Insurance carriers typically have the right to be reimbursed under the insurance company’s right of subrogation when their insured recovers from an at fault party. In Washington the injury victim must first be made whole before the injured person’s insurance company is entitled to be reimbursed. [1] This means that if an injury victim recovers […]
Continue readingThe Family Car Doctrine
A parent is liable for injury caused by a family member driver (typically a minor) if The vehicle is owned, provided, or maintained by a parent for the general use, pleasure, and convenience of family members a family member for whom the vehicle is maintained was driving the vehicle at the time of the accident, […]
Continue readingNegligence
Negligence With some narrow exceptions, to recover for an injury an inured person in Washington must established that another party was at fault, or negligent. Negligence has four elements. [1] 1. A duty 2. Breach of the duty 3. Proximate cause 4. Injury/damages The injured person bears the burden of alleging and proving all four […]
Continue readingWashington Bad Faith Insurance Claims Practices
Washington courts have imposed a duty of good faith practices on insurance companies for more than half a century. This duty of good faith has been codified by the legislature. The insurance commissioner pursuant to authority vested by the legislature has promulgated regulations defining specific acts and practices which constitute a breach of an insurer’s […]
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